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Will Strike 3 Sue Miami-Dade Florida Defendants in Federal Court?

Strike 3 Holdings LLC has been filing in the Miami-Dade court since September 3rd, 2019 (and continues to file even today [see below this article are the most recent set of cases]).

To bring you up to speed:

On 10/31/2019, I wrote an initial article explaining how Strike 3 Holdings, LLC is using the Florida Miami-Dade County Court to unmask defendants’ identities.

On 1/20/2020, I wrote a follow-up article explaining how Rachel Walker and Tyler Mamone might have other attorneys working their cases behind the scenes (interestingly enough, both Lincoln Bandlow and John Atkin). UPDATE (2/20/2020): Rachel Walker is now handling her own cases.

On 2/10/2020, because of questions I was getting about confusion surrounding whether to file a motion to quash in the Florida Miami-Dade Court, I wrote an article explaining how defense attorneys are luring defendants in as clients with a “bait and switch” which ends up forcing them to settle or be sued in their home state’s federal court.

*MOST RECENT UPDATE* On 8/18/2020, I wrote the Strike 3 Holdings – List of Cases by State (August, 2020) article. There, I wrote about a slew of recent federal court filings, and I believe that most [if not all] of the defendants accused in newly filed federal court cases were former Miami-Dade Florida Bill of Discovery Cases.

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Contents hide
1) Strike 3 Holdings LLC Miami-Dade cases have NO TEETH.

Strike 3 Holdings LLC Miami-Dade cases have NO TEETH.

To begin the topic of whether Strike 3 Holdings, LLC will file a lawsuit against former Miami-Dade Florida Strike 3 Holdings, LLC defendants [or to understand why we are discussing this topic in the first place], the first question to ask is “why wouldn’t Strike 3 Holdings, LLC just sue Miami-Dade defendants for copyright infringement in the Miami-Dade Florida court itself?”

Strike 3 Holdings, LLC cases assert a claim of copyright infringement (which carries statutory damages of $150,000 per instance of infringement). These cases assert that the accused subscriber downloaded their copyrighted adult films using BitTorrent.

By definition of it being a copyright infringement lawsuit, it MUST BE FILED IN A FEDERAL COURT.

The Florida Miami-Dade based lawsuits literally have no “teeth.” These cases are NOT copyright infringement lawsuits. In these state-based cases, Strike 3 Holdings LLC merely uses the Florida Bill of Discovery laws to uncover the identities of the defendants, but the threat of “we will name and serve you if you do not settle” has NO EFFECT if that accused defendant does not live in Florida.

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Strike 3 Holdings, LLC defendants must be sued in the federal court of the state in which they reside. *mic drop.*

Florida Plaintiff Attorneys Rachel Walker & Tyler Mamone are LIMITED to filing lawsuits in Florida.

Couple the “no teeth” comment (above) with the consideration that Rachel Walker and Tyler Mamone — the two attorneys who have been suing defendants under the Florida Pure Bill of Discovery — are merely licensed in Florida (NOTE: they could be licensed elsewhere, but keep reading for the point about STRIKE 3 HOLDINGS ATTORNEY TERRITORIES).

TO BE CLEAR: Rachel Walker and Tyler Mamone CAN technically sue a defendant in any federal court across the US. However, their client – STRIKE 3 HOLDINGS, LLC appears to be highly territorial, and other plaintiff attorneys from other states already “own” the territories where Strike 3 Holdings, LLC files their lawsuits.

Thus, THEY will likely not financially benefit from a John Doe defendant of theirs being sued in a location where there is already ANOTHER Strike 3 Holdings, LLC attorney filing lawsuits in that state.

For example, they wouldn’t be able to sue in New York or in Connecticut where Jackie James is the Strike 3 Holdings LLC attorney in charge of cases in that territory… or John Atkin, who is the Strike 3 Holdings LLC attorney in charge of cases in New Jersey.

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So a better question is… if I do not settle the claims against me in the Miami-Dade Florida lawsuit, WILL *ANOTHER* STRIKE 3 HOLDINGS ATTORNEY sue me in my home state?

Unfortunately the answer could be a yes. We simply don’t know what Strike 3 Holdings LLC plans to do with all the names it is unmasking in the Miami-Dade lawsuits.

Since Rachel Walker and Tyler Mamone started suing defendants in the Miami-Dade Florida courts on September 3rd, 2019, Strike 3 Holdings LLC has sued 74 defendants in their home state’s federal courts.

Most recently, since January 1, 2020, they have filed the following cases against defendants in the following states:

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STRIKE 3 HOLDINGS LLC CASES FILED IN CALIFORNIA

Strike 3 Holdings Cases Filed in the California Central District Court

  • Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 104.35.148.0 (Case No. 2:20-cv-01436)
  • Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 45.48.102.254 (Case No. 2:20-cv-01438)
  • Strike 3 Holdings, LLC v. John Doe (Case No. 2:20-cv-00042)
  • Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 172.117.191.225 (Case No. 2:20-cv-00034)
  • Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 172.250.65.102 (Case No. 2:20-cv-00024)
  • Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 47.151.151.253 (Case No. 2:20-cv-00238)
  • Strike 3 Holdings, LLC v. John Doe infringer identified as using IP address 47.144.176.93 (Case No. 2:20-cv-00921)
  • Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 107.184.55.138 (Case No. 2:20-cv-00945)
  • Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 172.112.16.67 (Case No. 2:20-cv-00946)
  • Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 172.91.7.250 (Case No. 2:20-cv-00948)
  • Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 68.4.154.71 (Case No. 8:20-cv-00191)
  • Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 76.91.3.98 (Case No. 2:20-cv-00944)
  • Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 174.85.39.241 (Case No. 2:20-cv-00975)
  • Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 71.80.177.217 (Case No. 2:20-cv-00998)
  • Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 71.84.62.40 (Case No. 2:20-cv-01001)
  • Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 76.174.248.45 (Case No. 2:20-cv-01003)

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Strike 3 Holdings Cases Filed in the California Southern District Court

  • Strike 3 Holdings, LLC v. Doe (Case No. 3:20-cv-00308)
  • Strike 3 Holdings, LLC v. Doe infringer identified as using IP address 68.101.221.150 (Case No. 3:20-cv-00309)
  • Strike 3 Holdings, LLC v. Doe (Case No. 3:20-cv-00067)
  • Strike 3 Holdings, LLC v. Doe (Case No. 3:20-cv-00068)
  • Strike 3 Holdings, LLC v. Doe (Case No. 3:20-cv-00209)

STRIKE 3 HOLDINGS LLC CASES FILED IN CONNECTICUT

Strike 3 Holdings Cases Filed in the Connecticut District Court

  • Strike 3 Holdings, LLC v. Doe (Case No. 3:20-cv-00100)

STRIKE 3 HOLDINGS LLC CASES FILED IN FLORIDA*

*Florida is where Tyler Mamone and Rachel Walker (the plaintiff attorneys from the Miami-Dade County lawsuits) are licensed.

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Strike 3 Holdings Cases Filed in the Florida Middle District Court

  • Strike 3 Holdings, LLC v. JOHN DOE subscriber assigned IP address 47.196.216.110 (Case No. 8:20-cv-00101)

Strike 3 Holdings Cases Filed in the Florida Southern District Court

  • Strike 3 Holdings, LLC v. Doe (Case No. 1:20-cv-20499)
  • Strike 3 Holdings, LLC v. Doe (Case No. 1:20-cv-20503)
  • Strike 3 Holdings, LLC v. Doe (Case No. 1:20-cv-20506)
  • Strike 3 Holdings, LLC v. Doe (Case No. 1:20-cv-20516)
  • Strike 3 Holdings, LLC v. Doe (Case No. 1:20-cv-20517)
  • Strike 3 Holdings, LLC v. Doe (Case No. 1:20-cv-20647)

STRIKE 3 HOLDINGS LLC CASES FILED IN ILLINOIS

Strike 3 Holdings Cases Filed in the Illinois Northern District Court

  • Strike 3 Holdings, LLC v. Doe (Case No. 1:20-cv-00773)
  • Strike 3 Holdings, LLC v. John Doe Subscriber assigned IP address 205.178.124.205 (Case No. 1:20-cv-00161)

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STRIKE 3 HOLDINGS LLC CASES FILED IN MICHIGAN

Strike 3 Holdings Cases Filed in the Michigan Eastern District Court

  • Strike 3 Holdings, LLC v. John Doe subscriber assigned IP Address 108.244.198.157 (Case No. 2:20-cv-10098)
  • Strike 3 Holdings, LLC v. John Doe infringer identified as using IP Address 99.188.204.18 (Case No. 2:20-cv-10143)
  • Strike 3 Holdings, LLC v. John Doe infringer identified as using IP Address 99.188.204.18 (Case No. 4:20-cv-10143)

STRIKE 3 HOLDINGS LLC CASES FILED IN NEW JERSEY

Strike 3 Holdings Cases Filed in the New Jersey District Court

  • STRIKE 3 HOLDINGS, LLC v. JOHN DOE infringer identified as using IP ADDRESS 73.193.240.189 (Case No. 2:20-cv-01616)
  • STRIKE 3 HOLDINGS, LLC v. JOHN DOE infringer identified as using IP address 69.112.9.128 (Case No. 2:20-cv-00778)

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STRIKE 3 HOLDINGS LLC CASES FILED IN NEW YORK

Strike 3 Holdings Cases Filed in the New York Eastern District Court

  • Strike 3 Holdings, LLC v. John Doe (Case No. 1:20-cv-00526)

Strike 3 Holdings Cases Filed in the New York Southern District Court

  • Strike 3 Holdings, LLC v. Doe (Case No. 1:20-cv-01435)
  • Strike 3 Holdings, LLC v. Doe (Case No. 1:20-cv-00554)
  • Strike 3 Holdings, LLC v. Doe (Case No. 1:20-cv-00819)

STRIKE 3 HOLDINGS LLC CASES FILED IN VIRGINIA

Strike 3 Holdings Cases Filed in the Virginia Eastern District Court

  • Strike 3 Holdings, LLC v. Doe (Case No. 1:20-cv-00171)

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Which of the above copyright infringement lawsuits were filed as a result of non-settlement of the Miami-Dade lawsuit?

I do not know whether all, some, or none of these cases were filed as a result of these defendants first being sued in the Florida Miami-Dade County Court.

Is there a way to actually check if Strike 3 Holdings, LLC is re-filing against Miami-Dade defendants?

[*NOT USEFUL, BUT RELEVANT*: There is technically a way to track whether the IP addresses listed on the more recent federal court cases were once defendants in a Miami-Dade case, but it is a time consuming project.

The Miami-Dade County Court cases are viewable page-by-page, and each of the Strike 3 Holdings, LLC complaints have potentially hundreds of pages of attachments containing one IP address per defendant.

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STATISTICALLY SPEAKING, if someone has the time — they can do a manual search to see if AT LEAST ONE IP address of the more recent federal-court cases (above) can be found in a Miami-Dade case.  If there is at least one IP address match, then yes, they are re-filing against Miami-Dade defendants.]

Focus on the bottom line: Strike 3 Holdings, LLC *is* actively suing, as you saw from the list of new cases.

This is possibly the most important point (which I demonstrated by compiling the most recent list of cases):

Strike 3 Holdings, LLC is actively suing defendants in the federal courts, and their decision to file in the Miami-Dade Florida County Court [again] is not a replacement for the conventional copyright infringement lawsuits for $150,000 per instance of infringement, which by definition of it being a copyright infringement lawsuit MUST BE FILED IN A FEDERAL COURT.

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[SIDE NOTE:] CASE LAW UPDATE AND THOUGHTS ABOUT FUTURE FORM OF STRIKE 3 HOLDINGS, LLC LAWSUITS.

To the reader from California that I spoke to in the past few days: I have learned of a recent case in the Southern District of California (3:19-cv-2452-JAH-LL; Doc. 4; “JOHN DOE subscriber assigned IP address 70.95.76.252”) where Judge Lopez granted expedited discovery to Strike 3 Holdings, LLC (contrary to the way we thought case law was going in the Southern District of California).

I obviously will need to look into this further, but this order happened just yesterday (2/19/2020). Thus, it appears that Strike 3 Holdings, LLC CAN AND WILL continue filing lawsuits in California. (NJ case law is still in transition).

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[Sorry for the fragmented note. If I have time, this will be an article of its own in the coming days. I will also be writing an article noting the problem that for the states where the federal courts have DISALLOWED Strike 3 Holdings, LLC from filing their “JOHN DOE subscriber assigned IP address” cases, I suspect Strike 3 Holdings, LLC will immediately start naming and serving defendants in these states rather than first suing them as John Does and asking the federal court for expedited discovery. This way, they will avoid the expedited discovery questions altogether and proceed straight to the 21-day answer period in which the defendant will need to either file and answer and prepare for litigation (or settle the claims against them in this shortened 21-day period) — both really unfortunate options to the defendant that was just hit with a copyright infringement lawsuit.]

In sum, Strike 3 Holdings, LLC cases… like a snake changes its skin… are changing their approach to their copyright infringement lawsuits. I am not sure we will be seeing the John Doe lawsuits in the same form as they have been suing in recent years, but for the moment, as you can clearly see, they are still being filed in the federal courts.

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Current List of Strike 3 Holdings LLC Miami Dade Florida-based lawsuits.

Here is the current (updated as of 8/18/2020) list of Strike 3 Holdings LLC Miami-Dade Florida lawsuits:

STRIKE 3 HOLDINGS, LLC v. UNKNOWN INFRINGERS LISTED ON EXHIBIT 1

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Local Case Numbers: 2020-016660-CC-05, 2020-016669-CC-05, 2020-016577-CC-05, 2020-014518-CC-05, 2020-014520-CC-05, 2020-014481-CC-05, 2020-012478-CC-05, 2020-011743-CC-05, 2020-011744-CC-05, 2020-011499-CC-05, 2020-009492-CC-05, 2020-009491-CC-05, 2020-009493-CC-05, 2020-005388-CC-05, 2020-003890-CC-05, 2020-003891-CC-05, 2020-003737-CC-05, 2020-002968-CC-05, 2020-002019-CC-05, 2020-002021-CC-05, 2020-001616-CC-05, 2019-032919-CC-05, 2019-032825-CC-05, 2019-026368-CC-05, 2019-024647-CC-05.

State Case Numbers: 132019CC024647000005, 132019CC026368000005, 132019CC032825000005, 132019CC032919000005, 132020CC001616000005, 132020CC002021000005, 132020CC002019000005, 132020CC002968000005, 132020CC003737000005, 132020CC003891000005, 132020CC003890000005, 132020CC005388000005, 132020CC006500000005, 132020CC009493000005, 132020CC009491000005, 132020CC009492000005, 132020CC011499000005, 132020CC011744000005, 132020CC011743000005, 132020CC012478000005, 132020CC014481000005, 132020CC014520000005, 132020CC014518000005, 132020CC016577000005, 132020CC016669000005, 132020CC016660000005.

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*8/18/2020 UPDATE: Still, no Florida Miami-Dade judge has stopped these cases, and Strike 3 Holdings, LLC keeps filing. For continuity, I am pasting the older Miami-Dade cases which have recently been closed.

CLOSED Local Case Numbers: 2020-006499-CC-05, 2020-006503-CC-05, 2020-005727-CC-05, 2020-003059-CC-05, 2020-003063-CC-05, 2020-002024-CC-05, 2020-001652-CC-05, 2019-032439-CC-05, 2019-032122-CC-05, 2019-031035-CC-05, 2019-030496-CC-05, 2019-030040-CC-05, 2019-028802-CC-05, 2019-028412-CC-05, 2019-028410-CC-05, 2019-027829-CC-05, 2019-027599-CC-05, 2019-026371-CC-05, 2019-025653-CC-05, 2019-025655-CC-05, 2019-025662-CC-05, 2019-024467-CC-05, 2019-024463-CC-05.

CLOSED State Case Numbers: 132019CC024463000005, 132019CC024467000005, 132019CC025662000005, 132019CC025655000005, 132019CC025653000005, 132019CC026371000005, 132019CC027599000005, 132019CC027829000005, 132019CC028410000005, 132019CC028412000005, 132019CC028802000005, 132019CC030040000005, 132019CC030496000005, 132019CC031035000005, 132019CC032122000005, 132019CC032439000005, 132020CC001652000005, 132020CC002024000005, 132020CC003063000005, 132020CC003059000005, 132020CC005727000005, 132020CC006503000005, 132020CC006499000005.


[CONTACT AN ATTORNEY: If you have a question for an attorney about the Miami-Dade Florida-based Strike 3 Holdings, LLC cases and my experiences with them when Malibu Media LLC used this same tactic, you can e-mail us at info[at]cashmanlawfirm.com, you can set up a free and confidential phone consultation to speak to us about your Strike 3 Holdings, LLC case, or you can call us at 713-364-3476 (this is our Cashman Law Firm, PLLC’s number].

CONTACT FORM: If you have a question or comment about what I have written, and you want to keep it *for my eyes only*, please feel free to use the form below. The information you post will be e-mailed to me, and I will be happy to respond.

NOTE: No attorney client relationship is established by sending this form, and while the attorney-client privilege (which keeps everything that you share confidential and private) attaches immediately when you contact me, I do not become your attorney until we sign a contract together.  That being said, please do not state anything “incriminating” about your case when using this form, or more practically, in any e-mail.

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